{ "case_number": "CAC-UDRP-104930", "time_of_filling": "2022-10-18 09:26:45", "domain_names": [ "sharearcelormittal.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "ARCELORMITTAL (SA)" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Host Master (Transure Enterprise Ltd)" ], "respondent_representative": null, "factual_background": "

FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/span><\/p>\n

PARTIES' CONTENTIONS:<\/p>\n

COMPLAINANT:<\/p>\n

• The disputed domain name is confusingly similar to the protected mark<\/span>

According to the Complainant, the disputed domain name <sharearcelormittal.com> is confusingly similar to its trademark ARCELORMITTAL. The Complainant contends that the addition of the term \"SHARE\"<\/span> is not sufficient to escape the finding that the domain name is confusingly similar to the trademark and branded goods ARCELORMITTAL. It does not change the overall impression of the designation as being connected to the Complainant’s trademark ARCELORMITTAL. It does not prevent the likelihood of confusion between the disputed domain name and the Complainant, its trademark and the domain name associated. <\/p>\n

Furthermore, the Complainant contends that the addition of the gTLD “.COM” does not change the overall impression of the designation as being connected to the Complainant’s trademark. It does not prevent the likelihood of confusion between the disputed domain name and the Complainant, its trademark and its domain names associated.<\/span>

• Respondent does not have any rights or legitimate interest in the disputed domain name<\/span>

The Complainant states that the Respondent has no rights or legitimate interests in respect of the domain name and it is not related in any way to the Complainant. The Complainant does not carry out any activity for, nor has any business with the Respondent. Neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark ARCELORMITTAL, or apply for registration of the disputed domain name by the Complainant.<\/span>

In addition, the disputed domain name resolves to a parking page with commercial links and is offered for sale. The Complainant contends that the Respondent is not making a bona fide offering of goods or services by means of the disputed domain name, or a legitimate non-commercial or fair use of it. The<\/span> Complainant also contends that the general offer to sell the disputed domain name evidences the Respondent’s lack of rights or legitimate interest.<\/p>\n

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• The disputed domain name has been registered and is being used in bad faith<\/span>

According to the Complainant, the Respondent has registered the disputed domain name and is using it in bad faith. The Complainant contends that the disputed domain name <sharearcelormittal.com> is confusingly similar to its distinctive trademark ARCELORMITTAL. <\/span>

The Complainant states that given the distinctiveness of the Complainant's trademark and reputation it is reasonable to infer that the Respondent has registered the disputed domain name with full knowledge of the Complainant's trademark.<\/span><\/p>\n

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Furthermore, the disputed domain name resolves to a parking page with commercial links<\/span>. The Complainant contends the Respondent has attempted to attract Internet users for commercial gain to his own websites thanks to the Complainant’s trademarks for its own commercial gain, which is evidence of bad faith.<\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

Finally, <\/span>the Complainant contends that the Respondent has registered the disputed domain name primarily in order to sell it back for out-of-pocket costs, which evinces bad faith registration and use.<\/p>\n

<\/span><\/p>\n

<\/p>", "other_legal_proceedings": "

The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name <sharearcelormittal.com>.<\/p>", "no_response_filed": "

RESPONDENT:<\/p>\n

NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.  <\/p>", "rights": "

The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).<\/p>", "no_rights_or_legitimate_interests": "

The Complainant has, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the disputed domain name (within the meaning of paragraph 4(a)(ii) of the Policy).<\/p>", "bad_faith": "

The Complainant has, to the satisfaction of the Panel, shown the disputed domain name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).<\/p>", "procedural_factors": "

The Panel is satisfied that all procedural requirements under UDRP were met and there is no other reason why it would be inappropriate to provide a decision.<\/p>", "decision": "Accepted", "panelists": [ "Barbora Donathová" ], "date_of_panel_decision": "2022-11-10 00:00:00", "informal_english_translation": "

According to the Complainant, ARCELORMITTAL S.A. is \"the largest steel producing company in the world and is the market leader in steel for use in automotive, construction, household appliances and packaging. It holds sizeable captive supplies of raw materials and operates extensive distribution networks.\"<\/span>

The Complainant states and provides evidence to support, that it is the owner of international trademark registration n° 947686 ARCELORMITTAL (registered on August 3, 2007), predating the date of registration of the disputed domain name.<\/span>

The Complainant further states that it also owns an important domain name portfolio, including the exact distinctive wording \"ARCELORMITTAL\", such as the domain name <arcelormittal.com> registered since January 27, 2006.<\/span><\/p>\n

The disputed domain name <sharearcelormittal.com> was registered on October 12, 2022, and resolves to a parking page with commercial links. In addition, the disputed name is offered for sale.<\/span><\/p>", "decision_domains": { "sharearcelormittal.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }